The Civil High Court has denied the request for leave to appeal made by former Social Democratic Liberal Party Member of Parliament Salote Radrodro. The case was presented to High Court Judge Justice Deepthi Amarantunga earlier this month.
Justice Amarantunga stated that Radrodro was convicted following a trial based on the evidence provided to the Court. He noted that the claim of a denied fair trial stemmed from the transfer of the case from the Magistrate’s Court to this Court’s division. Justice Amarantunga indicated that the merits of this allegation could be adequately assessed by the Court of Appeal, as pursuing a Constitutional Redress is not appropriate in this scenario due to considerations of efficiency, consistency, and fairness. He further remarked that granting leave to appeal under these circumstances would be an abuse of process.
This case pertains to an application for leave to appeal against an interlocutory decision that struck out the action seeking Constitutional Redress for abuse of process. The applicant had been charged in the Magistrates Court, with the case subsequently transferred to a division of the High Court. Radrodro objected to this transfer, but her appeal against the lower court’s decision was unsuccessful, and no further appeals were made.
The Court acknowledged that Radrodro sought Constitutional Redress based on the alleged denial of her right to a fair trial, arguing that her trial could not proceed before a Resident Magistrate. This issue, relating to the fairness of her trial following the transfer, serves as a basis for her appeal to the Court of Appeal.
Ultimately, the High Court ruled to refuse Radrodro’s request for leave to appeal, and no order for costs was issued.